SURESH CHAND GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD. In this case a police report under Sec. 173 Cr. P. C. was submitted on 26. 6. 97 for offences under Secs. 420, 326,328,308,201 r. w. Sec. 120-B IPC. In the police report Dr. Suresh Gupta, the present applicant, Dr. Arun Fofalya, Dr. Basant Fadiya, Dr. Santosh @ Sanni were mentioned as accused persons being charge-sheeted. Although four other persons namely Seenu, Jeevan Dada, Dr. Arun Sharma and Naveen Gulathi, were also mentioned as accused but in respect of them the police informed the Court u/s. 173 (8) Cr. P. C. that further evidence as and when collected against them would be submitted in the Court,. While Dr. Suresh Gupta, Dr. Arun Fofalya, Dr. Basant Fadiya and Dr. Navin Gulathi were reported to be on bail, the last-mentioned four persons were neither reported to have ever been arrested in the course of investigation nor were they shown as abscondors.

(2.) THE Magistrate took cognizance of offences under Secs. 420, 326, 328,308 and 201 r. w. 120-B IPC. All the four persons including the present applicant, who were on bail, put in their appearance before the learned Magistrate. THE learned Magistrate duly delivered documents u/s. 173 Cr. P. C. to them as per provision contained in Sec. 207 Cr. P. C. and listed the case for hearing the parties for charges over-looking the fact that the offences under Sec. 328 and 308 IPC, of which he had already taken cognizance, were exclusively triable by court of Sessions.

(3.) IN the instant case the learned Sessions Judge, in-case the present case is committed to him is competent to issue process against such accused persons who have absconded in the course of enquiry before the Magistrate or may summon such other person or persons as additional accused in the case, as were not initially charge-sheeted by the police but who is/are, prima facie found concer-ned in the commission of the offences in that case. Neither the absconding of some of the accused in the course of enquiry before the Magistrate nor collection of further evidence by the police u/s. 173 (8) against some others prohibits the Sessions Judge or limits or, impairs his power in any manner in taking necessary steps to cause his/their appearance before him or in declaring the absconding ac-cused as abscondors and make an order u/s. 299 Cr. P. C. against him/them. Further, he may cause the appearance of such other persons also against whom further evidence was reported to be collected by the police u/s. 173 (8) Cr. P. C. provided that the police report and the material submitted therewith prima-facie, show complicity of such other persons in the offences, alleged to have been committed in the case.